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TMI Blog1991 (8) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... lla for the Respondent. JUDGMENT A.A. Cazi, J. This is a petition under sections 4.33, 434 and 439 of the Companies Act, 1956, for winding up of the company, Randhir Steel and Alloys (P.) Limited, which has its registered office at 30/21, Jambulwadi, first floor, Kalbadevi Road, Bombay 400 002. It is undisputed that unless the petitioners show that the petitioners have complied with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istered post to the company's registered office but it was returned to the petitioners undelivered and unserved. Thereafter the petitioners sent the notice to the company at 89/19, Ramesh Bhawan, first floor, Tamba Kanta, Bombay 400 003. It is on this basis that it is claimed on behalf of the petitioners that they have complied with the provisions of section 434(1)( a ) of the Companies Act. I do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the registered office of the company. It was quite possible for delivery of the demand to be made at the registered office of the company. That has not been done. Mr. Shah submitted that the provisions of section 434 are there for the benefit of the company and the company can waive that benefit. He points out the analogy of section 527 of the Bombay Municipal Corporation Act in regard to whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ws : "Add. for Corres. 89/19, Ramesh Bhawan, first floor, Tamba Kanta, Bombay 400003". Now, as stated above, the fulfilment of the requirements of section 434 is the basis of this petition. To say that there is waiver of section 434 or of any of its requirements would be to say that the bar provided by section 434 or by any of its requirements stands removed. Such a waiver cannot be contemplated f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not a case where there is no existence of the premises itself. I do not see why, when the place exists, delivery cannot be effected. Mr. Shah submitted that delivery cannot be made unless there is someone to take the delivery. Now section 434 does not speak of "delivered to" but it speaks of "delivered at". It was possible for the petitioners to serve the demand in the manner provided in section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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